Unfair Dismissal Claim Dismissed on Status and Limitation Grounds
Simon McCrossan secured the dismissal of an unfair dismissal claim following a Preliminary Hearing before Employment Judge Fellows in Dundee.
The case concerned a Claimant who had worked as a Bar Manager at Dundee United Football Club for approximately six years.
The Tribunal considered two preliminary issues: whether the Claimant was an employee under section 230 of the Employment Rights Act 1996, despite being engaged under a Casual Worker Agreement, and whether her claim had been presented within the statutory time limit.
The Tribunal accepted the Respondent’s submissions on both issues.
Applying Autoclenz Ltd v Belcher and Carmichael v National Power plc, the Tribunal found that mutuality of obligation was absent. Crucially, the cross-examination of the Claimant established that the she was free to decline work without sanction, the Respondent was not obliged to offer work, and she could work elsewhere.
The Tribunal also accepted that the effective date of termination was the date the dismissal was communicated orally, rather than the date of written confirmation. The claim was therefore out of time, with no grounds for an extension.
This employment status case highlights the importance of careful cross-examination on such fact sensitive matters.
Simon was instructed by Aston Legal Limited.
Vannet v Elior Group UK, Employment Tribunal (Scotland), Case No. 8000527/2026. Judgment dated 24 August 2026.
To access the full judgment please click here.
